Mathew, J. - (1.) This is an appeal by Special Leave from the order dated the 9th of September, 1966 passed by the High Court of Mysore in a Writ Petition filed by the first respondent.
(2.) The first respondent was a combatant Clerk in the Indian Army for a period of more than 14 years. He was discharged from the post on 9th June, 1953. On 2nd July 1953, he was re-employed as an ordinary clerk on the pay scale of Rupees 55-3-85-EB-4-125-5-130. His pay was re-fixed in the above scale at Rs. 70/- plus a personal pay of Rs. 2.50 by an Order dated 28th October, 1958, with effect from the date of re-employment, i.e., 2-7-1953.
(3.) On 15th July, 1960 the Government of India, Ministry of Defence, issued a general Order called "Office Memorandum" No. 2(54)58/5801/D (Civil) providing for certain benefits to ex-military personnel on re-employment on the basis of their length of actual military service. The general effect of that Order was that those who are entitled to its benefits, would get fixed in the scale applicable to them by adding to the bottom of their scales increments equal to the total number of completed years of military service. The Order so far as it is relevant for the purpose of this appeal is contained in paragraphs 3 and 4 thereof and they read as follows: " 3. These orders will apply to all cases of reemployment occurring on or after 25-11-58 and past cases will not be reopened. In the cases of pensioners who are in service on the date of issue of these orders and have been reemployed from a date prior to 25-11-1958 for an unspecified period or for a period which extends beyond the date of issue of the presents orders may, subject to their option, be brought under the provisions of these orders with immediate effect. 4. The option should be exercised in writing within a period of three months from the date of issue of these orders. The option once exercised shall be final.";